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Redefining Waqf Governance: A Socio-Legal Examination Of The Waqf (Amendment) Act, 2025 - Balancing Religious Rights, State Accountability, And Beneficiary Empowerment




Ushmi Bera, Xavier Law School, St. Xavier's University, Kolkata


ABSTRACT


The research paper provides an important socio-legal analysis of the Waqf (Amendment) Act, 2025 - a pioneering legislation that seeks to update the rules relating to the administration of Waqf institutions in India. Waqf is a unique concept of an Islamic endowment that has played a very important part in the fields of philanthropy, religion, and education through the ages. It has been governed not according to laws but on the principles of faith. The 2025 amendment has sought to correct the age-old anomalies of misadministration, non-accountability, and lack of transparency. This Act has given the states powers to oversee the administration of the Waqf institutions and also made it obligatory to provide financial disclosure. In this paper, through the analysis of provisions of the Act, the question is explored of whether these amendments have achieved the right balance between the autonomy of the Waqf trusts and state interference to avoid any misappropriation. Through the case laws, precedents, and illustrations, the implications of the amendments for the beneficiaries of Waqf institutions are examined.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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